Ex Parte Motions

Michigan

Filing an Ex Parte Motion

An ex parte motion is requesting a judge to make a decision without requiring all of the parties to the issue being present.  Of filing an ex parte motion you must also include a proposed order.  There are no prepared court forms for an ex parte motion. 

Ex parte motions have different criteria that have to be present within the motion and/or order and must include certain language.  Also, depending on the type of case you are filing an ex parte motion on additional wording may be necessary.  If the ex parte motion and proposed order are properly formatted and contain all of the necessary language the presiding judge will review the information.  The judge may:

  • grant the ex parte and sign the proposed order.
  • partially grant the ex parte motion and generate a modified order.
  • deny the ex parte motion.

Please see Ex Parte Instructions – Newaygo County for general information on formatting and required language for ex parte motions.

Ex parte motions may be filed in the Circuit Court Lobby from 8:00 AM – 12:00 PM and 1:00 PM to 4:00 PM.  Properly formatted ex parte motions presented to the Circuit Court after 4:00 PM will be given to the presiding judge first thing in the morning the next business day.  The Circuit Court must provide the filer with information about the outcome of their motion by 5:00 PM on the following business day.

Ex parte costs vary based on whether your case is open or closed with the Circuit Court Clerk’s office.  Please see the Circuit Court Fees section for more information.

Please note that the Circuit Court may not provide legal advice.  If you need assistance with completing your ex parte motion please consult with an attorney.

EX PARTE INSTRUCTIONS Newaygo County

Changing or Objecting to an ExParte Order

If a judge has signed a proposed order it will then become an ex parte order.  If you do not agree with the ex parte order you may ask the court to rescind or modify the order.  For custody, parenting time, or support cases please see Changing an Ex Parte Order – Forms and Instructions for more details on how this process works.  Additionally, please find the accompanying FOC 61- Objection to Ex   Parte Order and Motion to Rescind or Modify for submission purposes.

Changing An Ex Parte Order

Objection To Ex Parte Order And Motion To Rescind Or Modify FOC 61 Instructions

Ex Parte Submission

Ex parte motions may be submitted via mail, fax, or email.  For those faxing or emailing, payment for filing will need to be included prior to the ex parte motion being processed.

      By Mail:  Newaygo County Circuit Court

                      PO BOX 885

                      White Cloud, MI 49349

      By Fax:  (231) 689-7251

      By Email:    circuitcourt@co.newaygo.mi.us

Further Information

Please check out Michigan Legal Help and the Michigan Courts website for further information:

Michigan Legal Help.org

Michigan Courts

SCAO Forms